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UNITED STATES v. ESSEX TRUST CO.

No. 971.

44 F.Supp. 476 (1942)

UNITED STATES v. ESSEX TRUST CO.

District Court, D. Massachusetts.

April 16, 1942.

Attorney(s) appearing for the Case

Edmund J. Brandon, U. S. Atty., William J. Koen, Asst. U. S. Atty., and Gerald J. McCarthy, Asst. U. S. Atty., all of Boston, Mass., for the United States.

John C. Coughlin and Parkman, Robbins, Coughlin & Hannan, all of Boston, Mass., for Essex Trust Co.

Parsons & Wadleigh, of Lynn, Mass., for estates of intervenors John Carnes and Charles Carnes.

SWEENEY, District Judge.

This action was commenced by the United States to recover a deposit in the defendant bank standing in the name of John Carnes, a deceased veteran. The administrator of the estate of Charles Carnes, son of the veteran, has intervened, and claims the same deposit. The defendant's answer contains a counterclaim in the nature of an interpleader alleging, in substance, that it has no interest in the fund, and offers to pay whomever the court designates...

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